Voluntary Termination of Employment - Legal...

L.R.O.

LAWS OF TRINIDAD AND TOBAGO

Act19 of 1989

Amended by*4 of 1995 (By implication)

See Note on page 2

Current Authorised PagesPages Authorised

(inclusive) by L.R.O.1–32 ..

VOLUNTARY TERMINATION OFEMPLOYMENT ACT

CHAPTER 23:03

UNOFFICIAL VERSION

UPDATED TO DECEMBER 31ST 2015

MINISTRY OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.legalaffairs.gov.tt


2 Chap. 23:03 Voluntary Termination of Employment

Index of Subsidiary LegislationPage

Voluntary Termination of Employment Regulations (LN 95/1989) … 13Delegation of Functions (Voluntary Termination of Employment) Order

(LN 143/1989) … … … … … 32

Note on Act No. 4 of 1995Section 13 of Act No. 4 of 1995 provides as follows:

13. With respect to those persons who were separated from the T.D.A. underthe Voluntary Termination of Employment Act, 1989 and to whom a deferredpension is due, the pension shall be paid by the Comptroller of Accounts inaccordance with the terms of that Act.”.

“Payments ofdeferredliabilities.

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Voluntary Termination of Employment Chap. 23:03 3

CHAPTER 23:03


ARRANGEMENT OF SECTIONS

SECTION

1. Short title.2. Interpretation.3. Eligible persons.4. Application to terminate service.5. Approval.6. Delegation.7. Benefits.8. Payment of benefits.9. Deferred pensions.

10. Extended meaning of “service”.11. Re-employment.12. Amendment of First Schedule.13. Regulations.

FIRST SCHEDULE.SECOND SCHEDULE.

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CHAPTER 23:03


An Act to provide for the early termination of their service bycertain persons employed in offices of a public nature, forthe benefits to which those persons thereupon becomeentitled and for related purposes.

[2ND JUNE 1989]

1. This Act may be cited as the Voluntary Termination ofEmployment Act.

2. (1) In this Act—“Civil Service” means the Civil Service of Trinidad and Tobago

established by section 3 of the Civil Service Act;“deferred pension” means a pension payable in accordance with

section 9(1);“eligible person” means a person who, in accordance with

section 3(1) or (2), is eligible to make an application underthis Act;

“Minister” means the Minister responsible for the subject ofFinance;

“Municipal Corporation” means a corporation referred to insection 2 of the Municipal Corporations (Pensions) Act;

“non-pensionable temporary employee” means a person who—(a) holds an appointment to a temporary post that is

not pensionable under a pension Act;(b) holds a temporary appointment to a post that is

pensionable under a pension Act, but has notsatisfied all the requirements for appointment tothe post; or

(c) is temporarily appointed to act in a post that ispensionable under a pension Act but that issubstantively held by another person;

19 of 1989.

Commencement.

Short title.

Interpretation.

Ch. 23:01.

Ch. 25:05.

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“pension Act” means an Act referred to in the First Scheduleand includes any regulation or other statutory instrumentmade thereunder;

“relevant pension Act” in relation to an eligible person means—(a) the pension Act by reference to which that person

is an eligible person; or(b) in the case of an eligible person who holds an

appointment to a temporary post that is notpensionable, the pension Act under which the postcould most appropriately be made pensionable ifit were a permanent post;

“service” means service that is taken into account for the purposeof determining whether a person may be granted a pensionor gratuity under a pension Act or determining the amountof any such pension or gratuity;

“statutory board” has the meaning given to that expression bysection 2(2) of the Pensions Extension Act;

“the Teaching Service” is comprised of the Teaching Servicewithin the meaning of the Education Act, teaching servicewithin the meaning of the Teachers’ Pensions Act, and theteaching service within the meaning of the AssistedSecondary School Teachers’ Pensions Act;

“Tobago House of Assembly” means the Tobago House ofAssembly established by section 3 of the Tobago House ofAssembly Act.

(2) Expressions not otherwise defined that are used in thepension Act that is relevant in the case concerned have, in this Act,the same meanings as they have in that pension Act.

3. (1) Subject to subsection (3), a person who, if this Actwere not in force—

(a) could be granted a pension or gratuity, or(b) could, but for his age or his length of service, be

granted a pension or gratuity,under a pension Act if he were to voluntarily terminate his serviceis eligible to make an application under this Act.

First Schedule.

Ch. 23:53.

Ch. 39:01.

Ch. 39:02.

Ch. 39:03.

Ch. 25:03.

Eligible persons.

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(2) Subject to subsection (3), a non-pensionabletemporary employee who has at least one year’s unbroken serviceis eligible to make an application under this Act.

(3) A person is not eligible to make an application underthis Act unless he is an officer or employee in the Civil Service orthe Teaching Service (irrespective of whether he is in the serviceof the Government of Trinidad and Tobago or of the Tobago Houseof Assembly) or he is a monthly-paid officer or employee in theservice of a Municipal Corporation or a statutory board.

4. (1) An eligible person may apply, in accordance withsubsection (2), to voluntarily terminate his service and receive thebenefits provided for by this Act in respect of that termination.

(2) An application is in accordance with this subsectionif it is made to the Minister, in the prescribed form and otherwisein accordance with the Regulations, within three years from thecommencement of this Act, and specifies the time from which thetermination is sought to be effective.

5. (1) Subject to subsection (4), the Minister may, uponapplication being made to him in accordance with section 4(2),approve of the applicant voluntarily terminating his service inaccordance with the application.

(2) In deciding whether to approve an application underthis Act, the Minister shall have regard to—

(a) the operational requirements of the service,organisation, department, Ministry, corporationor statutory board which, or in which, theapplicant serves;

(b) the needs of the public;(c) the availability of the skill or expertise of the

applicant, or of any related skill or expertise; and(d) the effect that the termination of the service of

the applicant might have on the efficiency,

Application toterminateservice.

Approval.

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economy or overall productivity of the service,organisation, department, Ministry, corporationor statutory board which, or in which, theapplicant serves.

(3) Where the Minister declines to approve an application,he may, with the consent of the applicant, subsequently approveof the applicant voluntarily terminating his service, with effectfrom the time sought in the application or any other time acceptableto the applicant, without any further application being requiredunder this Act and notwithstanding that the time within whichsuch an application could be made has passed.

(4) Approval shall not be given under this Act—(a) for the service of a person to terminate with effect

from a time that is before the person has exhaustedany entitlement to paid leave, other than sickleave, that he is eligible to take;

(b) unless the person has made arrangementssatisfactory to the State for the discharge of anyoutstanding debts, liabilities, or obligations to theState (including an obligation under an agreemententered into under any written law, to serve for aparticular period).

(5) Where the Minister approves under this section of thetermination of a person’s service, the service of that personterminates under this Act, notwithstanding any other law, with effectfrom the time approved, unless by death or otherwise the serviceof that person terminates before the time approved for thetermination of service under this Act.

6. Without otherwise affecting the application of theInterpretation Act, sections 52 and 53 of that Act shall apply inrelation to the delegation by the Minister of his functions underthis Act as if references in those sections to “public officer” includeda reference to any officer of a Municipal Corporation or astatutory board.

Delegation.

Ch. 3:01.

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7. (1) Where the service of a person terminates under thisAct, the relevant pension Act shall be taken to provide for theentitlements prescribed in the Second Schedule to this Act andthe relevant pension Act shall apply accordingly to the entitlementsso arising under that Act but, except as provided by subsection (2),the rights of a person under the relevant pension Act are nototherwise affected.

(2) Where the service of a person terminates under thisAct and that person or another person could have been grantedany pension or gratuity under the relevant pension Act if theservice had been voluntarily terminated other than under this Actwith effect from the same time, the entitlements prescribed in theSecond Schedule are in lieu of any pension or gratuity under therelevant pension Act that is correspondingly referred to in theSecond Schedule.

8. (1) Payment of any pension or gratuity to which a personis entitled by reason of this Act shall be made in cash.

(2) A gratuity to which a person becomes entitled byreason of this Act is payable upon the service of that personterminating but where the amount of the gratuity remaining afterdeducting the income tax, if any, payable under section 5(6) of theIncome Tax Act exceeds twenty thousand dollars, the amountshall be satisfied by paying—

(a) within three months after the service of thatperson terminating—

(i) an amount equal to forty per cent of theamount of the gratuity remaining after thededuction of income tax, if any; or

(ii) an amount of twenty thousand dollars,whichever is greater; and

(b) on the anniversary date of the termination of thatservice in each year thereafter until the amounthas been fully satisfied—

(i) an amount equal to one-third of the balanceremaining after the payment of the amountreferred to in paragraph (a); or

Benefits.

SecondSchedule.

SecondSchedule.

Payment ofbenefits.

Ch. 75:01.

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(ii) where the balance remaining after thepayment of the amount referred to inparagraph (a) and any payment made underthis paragraph is not more than onethousand dollars, the whole of the balanceso remaining or an amount that is less thanthe balance so remaining but is equal to orgreater than the amount referred to insubparagraph (i).

9. (1) Where by reason of this Act a person is entitled to adeferred pension, the pension is payable to him upon his attainingthe age of fifty-five years.

(2) A person terminating his service who becomes entitledto a deferred pension may, notwithstanding that the pension is notpayable until his attaining the age of fifty-five years, exercise hisoption to receive a gratuity and a reduced pension as if the pensionto which he were entitled were not a deferred pension, but thereduced pension to which he thereby becomes entitled is payableas a deferred pension.

10. (1) Where the service of a person terminates under thisAct and that person had, in addition to service that is taken intoaccount for the purposes of the relevant pension Act, given service(in this section referred to as “other service”) that would be takeninto account for pension purposes if he were retiring from a postthat was pensionable under any other pension Act, the PoliceService Act, or the Fire Service Act (in this section referred to as“the other Act”), that other service shall, subject to subsection (5),be included as service for the purposes of the relevant pension Act.

(2) In ascertaining the total period of service of an eligibleperson, any break between periods of service—

(a) that could, if the service were continuous, betaken into account, and

(b) neither of which periods of service was as anon-pensionable temporary employee,

shall be disregarded unless the break occurs by reason of dismissalor removal in consequence of disciplinary proceedings.

Deferredpensions.

Extendedmeaning of“service”.

Ch. 15:01.

Ch. 35:50.

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(3) Where the service of a person terminates under thisAct and that person had, in addition to service that is taken intoaccount for the purposes of the relevant pension Act, given notless than one year’s service as a non-pensionable temporaryemployee, there shall be included in the entitlement of the personunder the relevant pension Act an amount of gratuity equal to thegratuity that would be applicable if the Police Service Act and theFire Service Act were included in the First Schedule and upon theservice of that person terminating under this Act his only servicewere that service as a non-pensionable temporary employee.

(4) In and for the purposes of subsections (2)(b) and (3),“pension Act” and “service” shall be construed as if the PoliceService Act and the Fire Service Act were included in theFirst Schedule.

(5) Where—(a) the entitlement of a person under the relevant

pension Act is calculated on the basis of a periodof service that, under subsection (1) includes otherservice, as defined in that subsection; and

(b) the rate at which benefit accrues under the otherAct is different from the rate at which benefitaccrues under the relevant pension Act,

the amount of entitlement in respect of the total period of serviceshall be adjusted to take account of the difference.

(6) Where by reason of this section the entitlement of aperson terminating his service under this Act is based on a totalperiod of service that includes service in respect of which a benefithas previously been paid under a pension Act, the Police ServiceAct, or the Fire Service Act, any amount previously paid shall bededucted from the amount of that entitlement and that entitlementshall be in lieu of any other payment which he could otherwise bepaid under any such Act in respect of any such service.

11. Where the service of a person terminates under this Act,any period of service in respect of which any benefit has been paidor is payable under the relevant pension Act by reason of thattermination shall be disregarded for the purposes of determining

Ch. 15:01.Ch. 35:50.First Schedule.

Re-employment.

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whether that person may, in respect of any subsequent service, begranted any further pension, gratuity, or other allowance (whetherunder a pension Act, the Police Service Act, or the Fire ServiceAct) or determining the amount of any such pension, gratuity orother allowance.

12. The Minister may, by Order, amend the First Schedule.

13. The Minister may make Regulations prescribing all mattersthat are required or permitted to be prescribed and generally forcarrying this Act into effect.

Ch. 15:01.Ch. 35:50.

Amendment ofFirst Schedule.

Regulations.

[Sections 2(1),12].

(Section 7).

FIRST SCHEDULE1. Pensions Act, Ch. 23:52.

2. Pensions Extension Act, Ch. 23:53.

3. Teachers’ Pensions Act, Ch. 39:02.

4. Assisted Secondary School Teachers’ Pensions Act, Ch. 39:03.

5. Municipal Corporations (Pensions) Act, Ch. 25:05.

SECOND SCHEDULEBENEFITS UPON TERMINATION OF SERVICE

A. Eligible persons other than non-pensionable temporary employees

1. If the person has attained the age of fifty years and has completed atleast ten years’ service, then, in lieu of the pension, based on his period ofservice, which he could otherwise be granted under the relevant pension Act, heis entitled to—

(a) the pension which he could be granted under the relevantpension Act if his period of service had been for a period equalto his actual period of service increased by one month for eachfive months of service completed, or by the period remainingbefore he attains the age of sixty years, whichever is less; or

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(b) the reduced pension to which he would be entitled under therelevant pension Act if he were granted a pension and optedto receive a reduced pension and a gratuity equal to ten percent more than the gratuity to which he would then havebeen entitled,

at his option, but nothing in this paragraph shall be taken to remove his optionto be paid, in lieu of the pension referred to in paragraph (a), a reduced pensionand a gratuity.

2. If the person has attained the age of fifty years but has not completedat least ten years’ service, then, in lieu of the gratuity which he could otherwisebe granted under the relevant pension Act, he is entitled to a gratuity of anamount that is ten per cent more than the gratuity which he could otherwise begranted under that Act.

3. If the person has not attained the age of fifty years and has completedat least ten years’ service, then he is entitled to a deferred pension of an amountequal to the amount of the pension which he could be granted if the age he hasattained were the age at which, under the relevant pension Act, pension may begranted to him.

4. If the person has not attained the age of fifty years and has not completedat least ten years’ service, then he is entitled to a gratuity of an amount equal tothe gratuity to which he could become entitled, in accordance with section 9(2),if paragraph 3 did not require ten years’ service to have been completed, but heis not entitled to any pension.

B. Eligible persons who are non-pensionable temporary employees1. The person is entitled to—

(a) where the person has not completed at least five years’ service,a gratuity calculated on the basis of one twenty-fourth of hismonthly rate of pay in respect of each completed month ofservice; and

(b) where the person has completed at least five years’ service, agratuity calculated on the basis of—

(i) one half of his monthly rate of pay in respect of each ofthe first four years of service; and

(ii) one sixteenth of his monthly rate of pay in respect ofeach completed month of service thereafter.

2. In paragraph 1, the “monthly rate of pay” of a person refers to anamount equal to one-twelfth of his annual pensionable emoluments that wouldbe used for the calculation of his pension under the relevant pension Act had hebeen entitled to a pension.

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SUBSIDIARY LEGISLATION

VOLUNTARY TERMINATION OFEMPLOYMENT REGULATIONS

ARRANGEMENT OF REGULATIONS

REGULATION

1. Citation.2. Interpretation.3. Preliminaries to lodging application.4. Form of application.5. Period of notice.6. Lodging of application.7. Documents to be forwarded to VTEP office.8. Management committee to advise Minister.9. Documents to be forwarded to Minister.

10. Determination of application.11. Alternative time of termination.12. Payment to legal personal representative.

SCHEDULE.

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[Subsidiary]



VOLUNTARY TERMINATION OF EMPLOYMENTREGULATIONS

made under section 13

1. These Regulations may be cited as the VoluntaryTermination of Employment Regulations.

2. In these Regulations—“administrative Head”, in relation to an applicant, means the

person immediately responsible to the Minister concernedfor the general management of the organisation, department,ministry, corporation or statutory board which, or in which,the applicant serves;

“application” means an application under the Act;“senior supervisor”, in relation to a person making or intending

to make an application, means a person who is thesubstantive holder of an office the salary range of which issalary range 46 or a higher salary range and to whom theapplicant or intending applicant is directly or indirectlyresponsible;

“VTEP management committee” means the committee constitutedby regulation 8(3).

3. (1) A person intending to make an application shallfirst submit to his senior supervisor a form of certificationsand declaration, in the form set out in Form 1 of the Schedule,duly completed.

(2) Each of the certifications on the form required bysubregulation (1) to be submitted shall have been given within thelast three months before the form is submitted, and the declarationthereon shall have been made after the last of the certificationswas given.

4. The prescribed form for making an application is the formset out in Form 2 of the Schedule.

95/1989.

Citation.

Interpretation.

Preliminariesto lodgingapplication.Schedule.Form 1.

Form ofapplication.Schedule.Form 2.

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Voluntary Termination of Employment Regulations [Subsidiary]

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5. (1) The time specified in an application as the time fromwhich the termination of service is sought to be effective shall be—

(a) in the case of a person in a salary range belowsalary range 46, not less than two months afterthe day on which the application is lodged inaccordance with regulation 6; and

(b) in the case of a person in salary range 46 or ahigher salary range, not less than three monthsafter the day on which the application is lodgedin accordance with regulation 6.

(2) The periods of two months and three months referredto in subregulation (1)(a) and (b), respectively, may include a periodduring which the applicant is on leave, but nothing in this regulationaffects the requirement for an officer to give notice of his intentionto take vacation leave.

6. (1) An application is made to the Minister by lodging itwith a senior supervisor of the applicant.

(2) The person with whom an application is lodged undersubregulation (1) shall, if he is not the applicant’s administrativeHead, submit the application, within five days of it being lodgedwith him, to the applicant’s administrative Head together with aDivisional Recommendation Form in the form of Form 3 of theSchedule, duly completed.

7. (1) Within fifteen days after an application is submittedto him in accordance with regulation 6(2), the administrative Headshall forward the application form and the accompanyingDivisional Recommendation Form, if any, to the VTEP office ofthe Personnel Department, indicating on the application formwhether or not he recommends that the application be approvedand, if he does not recommend that the application be approved,setting out on the Organisational Advisory Form required bysubregulation (2)(a) full reasons for his decision.

Period of notice.

Lodging ofapplication.

Schedule.Form 3.

Documents tobe forwarded toVTEP office.

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[Subsidiary] Voluntary Termination of Employment Regulations



(2) When an application form is forwarded to the VTEPoffice as required by subregulation (1), it shall beaccompanied by—

(a) an Organisational Advisory Form in the form ofForm 4 in the Schedule, duly completed;

(b) a Pension and Leave Record in the form ofForm 5 in the Schedule duly completed; and

(c) a Record of Acting, Temporary or Daily-paidService in the form of Form 6 in the Schedule,duly completed.

8. (1) An application forwarded to the VTEP office inaccordance with regulation 7 shall be brought before a meeting ofthe VTEP management committee which shall consider theapplication and advise the Minister, in writing, whether he shouldapprove the application or decline to approve it.

(2) Where the advice of the management committee isthat the Minister decline to approve an application it shall includereasons for giving that advice.

(3) For the purposes of this regulation, there shall be acommittee to be known as the VTEP management committee,consisting of—

(a) the Permanent Secretary to the Prime Ministerand Head of the Public Service, who shall be theChairman;

(b) the Chief Personnel Officer, PersonnelDepartment, who shall be the Vice-Chairman;

(c) the Director of Personnel Administration, ServiceCommissions Department;

(d) the Comptroller of Accounts, Ministry of Finance;(e) the Director of Budgets, Ministry of Finance;(f) the Director, Employment and Industrial

Relations Research, Personnel Department;

Schedule.Form 4.

Schedule.Form 5.

Schedule.Form 6.

Managementcommittee toadvise Minister.

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(g) the Director, Organisation and ManagementOffice of the Prime Minister; and

(h) the Director, Pensions Administration, Ministryof Finance.

(4) At a meeting of the management committee fivemembers, including the Chairman, the Vice-Chairman, or both ofthem, constitute a quorum and the Chairman or, in his absence theVice-Chairman shall preside.

9. Within ten days after an application is received in the VTEPOffice of the Personnel Department, the application, theOrganisational Advisory Form, and the advice of the managementcommittee shall be forwarded to the Minister or his delegate.

10. (1) The Minister or his delegate shall, within twelve daysafter the documents referred to in regulation 9 are forwarded tohim under that regulation, either approve the application or declineto approve it.

(2) The Minister shall notify the applicant in writing ofhis decision under subregulation (1) and, where he declines toapprove the application, he shall give the applicant reasons, inwriting, for his decision.

11. (1) Where the Minister or his delegate declines to approvethe application of a person and either at the time of notifying theperson thereof or subsequently, proposes to that person anothertime for the termination of the service of that person under theAct, the person may, in writing, advise the Minister or his delegatewhether he considers the alternative proposed to be acceptable.

(2) Where, in accordance with subregulation (1), anapplicant advises the Minister or his delegate that an alternativetime proposed for the termination of his service is acceptable andthe Minister or his delegate approves of the termination of theservice of that person at the alternative time accepted, he shallnotify the applicant, in writing, accordingly.

Documents tobe forwardedto Minister.

Determinationof application.

Alternative timeof termination.

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Name of Officer ............................................................................................................................................(Please print Name of Officer)

............................................................................................................................................................................................(Ministry/Department/Statutory Authority/Municipal Corporation/Tobago House of Assembly)

(Please give full name of your organisation)

Present Position ...........................................................................................................................................(Do not include acting appointment)

SCHEDULEFORM 1

VOLUNTARY TERMINATION OF EMPLOYMENT ACT, (CH. 23:03)

*CERTIFICATIONS AND DECLARATION FOR PURPOSESOF MAKING AN APPLICATION UNDER VTEP

Complete one copy only

[Regulation 3].

DATE OFBIRTH

Year Month Day B.I.R. NUMBER N.I.S. NUMBER

12. Where a person whose service terminates under theAct dies—

(a) any gratuity to which the person becomes entitledby reason of the Act that was not paid before hisdeath shall be paid to his legal personalrepresentative and the payment shall be made atthe same time as payment would have been madeto the deceased if he had not died;

(b) any pension to which the person became entitledby reason of the Act before his death that was notpaid to him before his death shall be paid to hislegal personal representative.

Payment to legalpersonalrepresentative.

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CERTIFICATION BY HEAD OF AGENCY

Nature and extent of obligation Remarks

CERTIFIED CORRECT

....................................................Head of Agency

CERTIFICATION BY BOARD OF INLAND REVENUEExtent of indebtedness Remarks

CERTIFIED CORRECT

....................................................Board of Inland Revenue

CERTIFICATION BY COMPTROLLER OF ACCOUNTSNature and extent of obligation Remarks

CERTIFIED CORRECT

....................................................Comptroller of Accounts

I, ....................................................................................................................................................................hereby declare that the information above is true and correct. I have settled/undertaken to settle† allindebtedness to the Government of Trinidad and Tobago in the manner agreed on with the relevantagency/authority.

Date..................................................................... .....................................................................Signature of Officer

* This Declaration is to be completed and signed by the Officer only after he/she has read carefully theinformation overleaf.

† Delete words that are not applicable.

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Please read this information very carefully as it is important for the speedy processing of your VTEPapplication which is to follow.

The certifications requested on this form are not peculiar to VTEP and are required of all personswho are eligible for benefits under existing pension laws. They have to be obtained before payment ofbenefits is made. The Pension and Leave Record with the Birth Certificate and Marriage Certificate(where applicable) are to be attached to the application form, Form 2. These documents are to be forwardedby the employing organisations to the VTEP Office, Personnel Department, Level 3, Valpark Building,76-78, St. Vincent Street, Port-of-Spain.

For purposes of VTEP, all applicants will fall in one or more of the following categories:

A. PERSONS 50 YEARS AND OVER:10 years pensionable service or over—

(i) Holders of permanent appointments;(ii) Holders of temporary appointments in vacant pensionable posts, satisfying all

requirements of the job.Under 10 years pensionable service—

(ii) Holders of appointments as at items (i) and (ii) above.

B. PERSONS UNDER 50 YEARS:10 years pensionable service and over—

(i) Holders of permanent appointments;(ii) Holders of temporary appointments in vacant pensionable posts, satisfying all

requirements of the job.Under 10 years pensionable service—

(iii) Holders of appointments as at items (i) and (ii) above.

C. PERSONS HOLDING OR WHO HAVE HELD NON-PENSIONABLE APPOINTMENTS:(i) Holders of appointments in temporary non-pensionable posts;

(ii) Holders of temporary appointments in vacant pensionable posts not satisfyingthe requirements of the job;

(iii) Holders of temporary appointments in pensionable non-vacant posts.

You will need to fill in your category.

You will note that your service may fall into more than one category. If so, please fill in eachcategory on the application form which is to follow.

The period of notice which an applicant will be required to give is as follows:

Persons in Salary Range 46 and above … … at least three months’ notice

Persons in Salary Ranges under Salary Range 46 … at least two months’ notice

Such notice can run concurrently with vacation leave entitlement, if any.

The effective date of termination will normally be the expiry date of the period of notice or ofthe vacation leave, whichever is later.

FORM 1—Continued

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2. Date ofBirth Year Month Day

4. B.I.R. No.

5. N.I.S. No.

FORM 2

VOLUNTARY TERMINATION OF EMPLOYMENT ACT, (CH. 23:03)

APPLICATION FORM FOR TERMINAL BENEFITS*Please read entire form carefully. Complete four/five copies (as applicable) in block letters

[Regulation 4].

1. Name:Surname

First Name

Other Names

Maiden Name(if applicable)

3. MaleFemale

6. Home Addressor

Postal Address

7. Ministry/Department/Statutory Authority/Municipal Corporation/Tobago House of Assembly.(Please give full name of your organisation)

..............................................................................................................................................................

8. Institution/School/Division/Section/Unit where you are now working................................................

..............................................................................................................................................................

9. Officer’s present position.......................................................................................................................(Do not state acting appointments)

10. Type of appointment (Tick appropriate box) Permanent Temporary

11. I,.................................................................................................................................... hereby apply to

terminate my employment with effect from................................................................................................

12. † I consider that my application falls in the category/categories as indicated below—

Category A Category B Category C

10 years pensionable service and over: 10 years pensionable service and over(a) Option A Less than 10 years pensionable service(b) Option B

Less than 10 years pensionable service

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13. I am making this application of my own free will and I am aware that it is subject to the approval ofthe Minister of Finance.

14. I recognise that this application cannot be withdrawn once it is approved.

15. I acknowledge that upon receipt of benefits in accordance with the VTEP Act (Ch. 23:03), I am noteligible for any benefits under any other Pension Law for the same period.

Signature of Applicant......................................... Date ...............................................

Signed in the presence of

..................................................... ............................................... .....................................

APPLICATION APPROVEDAPPLICATION NOT APPROVED Signature......................................................................

Date ............................................................ Post..............................................................................

PARTICULARS OF CATEGORIES AND OPTIONS

CATEGORY A

PERSONS 50 YEARS AND OVER HOLDING PENSIONABLE APPOINTMENTS

10 YEARS PENSIONABLE SERVICE AND OVEROption A

Enhancement of service by adding 1 month for every 5 months.Option B

Enhancement of gratuity by 10%.

LESS THAN 10 YEARS PENSIONABLE SERVICEGratuity of 5 times unreduced pension enhanced by 10%.

Year Month Day

‡ Signature of OfficerWitnessing and accepting

the application

Print Name Post and Range

Minister of Finance/Minister’s Delegate

FORM 2—Continued

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CATEGORY B

PENSIONS UNDER 50 YEARS HOLDING PENSIONABLE APPOINTMENTS

10 YEARS PENSIONABLE SERVICE AND OVERImmediate gratuity plus a deferred pension to be provided at age 55, benefits based onexisting pension formulae.

LESS THAN 10 YEARS PENSIONABLE SERVICELump sum payment equivalent to three-quarter month’s salary for each year of serviceor proportionately for each month of service.

CATEGORY C

PERSONS HOLDING OR WHO HAVE HELD NON-PENSIONABLE APPOINTMENTSA lump sum payment on the following basis:

1 completed year and less than 5 years of completed service.

5 completed years of service and more,(i.e. having completed 60 months service and more)

Distribution of Form 2 by VTEP Office:1 copy for the applicant;1 copy for the appropriate Service Commission, where applicable;1 copy for the employing organisation;1 copy for the Pensions Division, Ministry of Finance;1 copy for the VTEP Office.

1/2 month’s pay for each such year of service

in addition to the entitlement above, 3/4 month’spay applies to the entire 5th year of service( i . e . , f rom the 49 th month) and eachsucceeding completed year of service.

* Four copies only are required where no Service Commission has responsibility for appointments.† See “Particulars of Categories and Options” overleaf.‡ The Officer witnessing and accepting the application is to be the applicant’s supervisor or Head of

Division and substantively in Salary Range 46 or above.

UNOFFICIAL VERSION






Application of..............................................................................................................................................(Please Print Name of Officer)

who holds the present position of ....................................................................................................................(Do not include acting appointments)

in...................................................................................................................................................................(Ministry/Department/Statutory Authority/Municipal Corporation/Tobago House of Assembly)


Tick as appropriate

APPROVAL RECOMMENDED APPROVAL NOT RECOMMENDED

Remarks—Where application is recommended, indicate arrangements for the performance of applicant’s

duties:

......................................................................................................................................................................

......................................................................................................................................................................

......................................................................................................................................................................

......................................................................................................................................................................

......................................................................................................................................................................

Where application is not recommended, state reasons:

......................................................................................................................................................................

......................................................................................................................................................................

......................................................................................................................................................................

......................................................................................................................................................................

......................................................................................................................................................................

Where deferral of the termination date should be proposed, suggest a date when the officer’sapplication can be recommended:

PROPOSED TERMINATION DATE

Date........................................................ Signature.............................................................

Post..............................................................................

Year Month Day

[Regulation6(2)].

FORM 3VOLUNTARY TERMINATION OF EMPLOYMENT ACT, (CH. 23:03)

DIVISIONAL RECOMMENDATION FORMFor internal use only

COMMENTS AND RECOMMENDATIONS OF IMMEDIATESUPERVISOR/HEAD OF SECTION

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L.R.O.



Application of...............................................................................................................................................(Please Print Name of Officer)

who holds the present position of ....................................................................................................................(Do not include acting appointments)

in...................................................................................................................................................................(Ministry/Department/Statutory Authority/Municipal Corporation/Tobago House of Assembly)


Tick as appropriate

APPROVAL RECOMMENDED APPROVAL NOT RECOMMENDED

Remarks—Where approval is recommended, indicate arrangements for the performance of applicant’s duties:

......................................................................................................................................................................

......................................................................................................................................................................

......................................................................................................................................................................

......................................................................................................................................................................

......................................................................................................................................................................

Where approval is not recommended, state reasons:

......................................................................................................................................................................

......................................................................................................................................................................

......................................................................................................................................................................

......................................................................................................................................................................

......................................................................................................................................................................

Where deferral of the termination date should be proposed, suggest a date when the officer’sapplication can be recommended:

PROPOSED TERMINATION DATE

Date........................................................Signature.............................................................

Post.............................................................................

Year Month Day

[Regulation7(2)(a)].


ORGANISATIONAL ADVISORY FORMFor submission to the VTEP Office

COMMENTS AND RECOMMENDATIONS OF PERMANENTSECRETARY/ HEAD OF DEPARTMENT/HEAD OF STATUTORY

AUTHORITY

UNOFFICIAL VERSION







CERTIFIED PENSION AND LEAVE RECORD(See Instructions Overleaf)

PERSONAL DETAILS

[Regulation7(2)(b)].

SECTION A*

1. Name.......................................................................................................................................................(Surname) (First Name) [Other Name(s)]

2. Present Post....................................................................................................................................................

3. Ministry/Department................................................................................................................................

4. Division/Branch.......................................................................................................................................

5. Date of First Permanent Appointment........................ 6. Date of Birth.............................................

7. Date of Confirmation (i)............................................ 8. Date of Present Appointment....................

SECTION B* DETAILS OF SERVICE, SALARY AND ALLOWANCES

Year† PostSalaryRange

Dateof

Commence-ment

Date ofTermi-nation

Monthly EarningsSub. Salary Acting Allow.‡ Remarks

$ ¢ $ ¢

† Information in respect of each calendar year showing separately any incremental changes or movements resultingfrom promotions etc. (inclusive of dates) must be inserted wherever these occur.

‡ Only continuous periods of acting which affect incremental dates are to be shown.

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SECTION C*

DETAILS OF LEAVE

1. Half Payor No Pay Type of Leave Year

Period of AbsenceDays

From To

* All information at Section A, B and C must be furnished at all times. Where data does not apply to the employeethe words not applicable (N/A) or Nil must be inserted.

SECTION D (ii)

CERTIFICATE

Prepared By......................................... Checked By....................... Audited By...................................

Post...................................................... Post................................... Post..............................................

Date...................................................... Date................................... Date.............................................

I hereby certify that the foregoing information is correct.

Date...................................................................... ..................................................................... Permanent Secretary/Head of Department

(i) State whether the appropriate condition was fulfilled and provide supporting evidence.(ii) The particulars of service and salary must be completed, checked, audited and certified by appropriate

authorised officers.

INSTRUCTIONS:

PLEASE READ CAREFULLY BEFORE COMPLETING FORM

1. The purposes of this form are:(i) to record in date sequence the details of salary and pensionable allowances drawn by

a salaried officer serving in different Ministries and Departments during his or hercareer in the Government Service; and

(ii) to record all details of no pay or half pay leave which an officer has taken,

so that pension could be computed and approved for payment as quickly as possible after terminationof service.

UNOFFICIAL VERSION






2. Entries on the form should as far as possible be typewritten or clearly and legiblyhandwritten. Block capitals should be used for the completion of lines 1–4 ofSection “A”.

3. The details in Sections A, B and C MUST be verified by the Officer-in-Charge,Internal Audit and the Personnel Officer respectively of the Ministry orDepartment and the form then signed by the Permanent Secretary or Head ofDepartment or the officer so authorised to sign these forms.

4. This form should be prepared in duplicate by the Personnel Branch in consultationwith the Accounts Branch of the Ministry or Department in which the officer isemployed and should be seen by the officer.

5. It is of the utmost importance that information relating to the officer’s option toreceive either: (a) an unreduced pension, or (b) a reduced pension and gratuity isenclosed with the final form for fowarding to the Comptroller of Accounts.

FORM 5—Continued

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RECORD OF ACTING, TEMPORARY OR DAILY PAIDSERVICE

(See Instructions Overleaf)

PERSONAL DETAILSSECTION A(i)

1. Name of Officer .............................................................................................................................................(Surname) (First Name) [Other Name(s)]

2. Ministry/Department...............................................................................................................................

3. Division...................................................................................................................................................

4. Branch......................................................................................................................................................

5. Date of Birth..................................................... 6. Date of First Appointment........................

7. Place of Recruitment................................................................................................................................

Department

[Regulation7(2)(c)].

Section B(i)

I. DETAILS OF ACTING OR TEMPORARY SERVICE BEFORE PERMANENTAPPOINTMENT

Post SalaryRange

Salary Service*From To Head Sub-Head

Duration of ActingAppointment

Vote from whichSalary paid

* State whether service was in Vacant or Temporary post or as Leave Relief.

UNOFFICIAL VERSION






FORM 6—Continued

Office

II. DAILY PAID SERVICE BEFORE PERMANENT APPOINTMENT

Department WagesVote from which

Salary paidYear

Service

Head Sub-HeadEffectiveyears†

Number ofdays

worked

† Note—Please state the first working day in the first effective year of the officer’s daily paid service.

Section C (i)DETAILS OF LEAVE TAKEN (SPECIFY)

C (i) From To Days Nature of Leave

UNOFFICIAL VERSION




L.R.O.



C(ii)

LEAVE ELIGIBILITY (SPECIFY)

Nature of Leave Leave Due

SECTION D (ii)

CERTIFICATE

Prepared By......................................... Checked By....................... Audited By...................................

Post...................................................... Post................................... Post..............................................

Date...................................................... Date................................... Date.............................................

I hereby certify that the foregoing information is correct.

Date...................................................................... ..................................................................... Permanent Secretary/Head of Department

(i) All information at sections A, B and C must be furnished at all times. Where data does not apply to the employee,the words “not applicable” (N/A) or “nil” must be inserted.

(ii) The particulars must be completed, checked, audited and certified by appropriate authorised officers.

INSTRUCTIONS:

PLEASE READ CAREFULLY BEFORE COMPLETING FORM

1. The purposes of this form are:(i) to record in date sequence the details of all acting, temporary and daily-paid service

before the appointment of an officer to a permanent monthly paid post.(ii) to record all details of leave for which the officer at (i) above is eligible or has taken.

2. This form should be prepared in duplicate by the Personnel Branch in consultation with theAccounts Branch of the Ministry or Department in which the officer is employed and should beseen by the officer.

3. Entries on the form should as far as possible be typewritten or clearly and legibly handwritten.Capitals should be used for completing the form at lines 1–4 of Section “A”.

4. The details in Section A, B and C must be verified by the duly authorised and specified personnelof the Ministry or Department and then signed by the Permanent Secretary or Head of Departmentor the officer so authorised to sign these forms.

UNOFFICIAL VERSION



[Subsidiary]



DELEGATION OF FUNCTIONS (VOLUNTARYTERMINATION OF EMPLOYMENT) ORDER

made under section 52(1) of the Interpretation Act

1. This Order may be cited as the Delegation of Functions(Voluntary Termination of Employment) Order.

2. In exercise of the powers conferred upon him by section52(1) of the Interpretation Act, the Minister of Finance delegatesthe functions that he is required to perform under the VoluntaryTermination of Employment Act, to each of the public officerslisted in the Schedule—

SCHEDULE

Permanent Secretary to the Prime Minister and Head of the Public Service

Permanent Secretary, Minister of Finance

Chief Personnel Officer

Director, Organisation and Mangement, Office of the Prime Minister

Director, Employment and Industrial Relations Research, Personnel Department.

143/1989.

Citation.

Delegation offunctions.Ch. 3:01.

UNOFFICIAL VERSION



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